WAIVER & RELEASE FORM

1. Assumption of Risk

Softball pitching and athletic training involve inherent physical risks, including but not limited to:

• Muscle strains, sprains, and overuse injuries
• Impact injuries from thrown or batted balls
• Trips, slips, and falls during training activities
• Unexpected medical events related to physical exertion
• Exposure to and possible transmission of communicable or infectious illness in any shared training space

Participant and parent/guardian acknowledge these risks and voluntarily choose to participate with full knowledge of the risks involved.

2. Release of Liability

To the fullest extent permitted by Nebraska law, participant and parent/guardian agree to release, discharge, and hold harmless Kellee Vornhagen, The Softball Classroom, TincherPitching.NE, their agents, employees, independent contractors, and any facility owners or lessors (collectively, the “Released Parties”) from any and all claims, demands, or causes of action arising out of or related to any loss, damage, or injury — including death — that may be sustained during training, lessons, clinics, or related activities, whether caused by the ordinary negligence of the Released Parties or otherwise.

This release does not apply to, and you do not waive, any claim arising from gross negligence, recklessness, or willful or intentional misconduct, or any liability that cannot be released or limited under Nebraska law. If any portion of this release is held unenforceable, the remainder shall continue in full force and the release shall be applied to the greatest extent the law allows.

3. Parent/Guardian Indemnification & Covenant Not to Sue

The parent or guardian understands that, under Nebraska law, a parent may not be able to waive certain legal rights belonging to a minor child. In consideration of the participant being permitted to take part, the parent/guardian therefore agrees, on their own behalf, to:

• Not sue or bring any claim against the Released Parties arising from the participant's involvement in any lesson, clinic, or event (a covenant not to sue)
• Indemnify, defend, and reimburse the Released Parties for any claim, loss, liability, settlement, judgment, or expense (including reasonable attorneys' fees) brought by or on behalf of the minor participant, the parent/guardian, or any third party in connection with the participant's involvement
• Be responsible for these obligations to the fullest extent permitted by law, excluding any loss caused by the Released Parties' gross negligence or willful misconduct

4. Medical Treatment Authorization

In the event of an injury or medical emergency during training, parent/guardian authorizes Coach Kellee and/or facility staff to:

• Seek immediate emergency medical treatment on behalf of the participant
• Contact the emergency contacts provided at registration
• Provide or arrange basic first aid as needed

All costs of emergency medical treatment are the sole responsibility of the participant's parent or guardian.

5. Health & Fitness Representation

By registering, you represent that the participant is in good health and physically fit to participate in softball pitching instruction. If the participant has any medical conditions, recent injuries, or physical limitations that may affect their ability to train safely, please inform Coach Kellee before the session begins.

Concussion & Head Injury Awareness

Parent/guardian acknowledges that head injuries, including concussions, are a risk in athletic activity. If the participant shows signs of a concussion or head injury, they will be removed from activity, and the parent/guardian is responsible for obtaining medical clearance before the participant returns to training.

6. Photo & Video Release

Training Documentation

Coach Kellee may record video of training sessions for the purpose of athlete feedback, progress tracking, and instructional review. These recordings are shared with the athlete and parent/guardian and are not distributed publicly without express written permission.

Promotional Use

Occasionally, photos or videos may be used on The Softball Classroom's social media accounts or website to showcase training and athlete development. If you do not consent to this use, please notify Coach Kellee in writing and images of your athlete will not be used for promotional purposes.

7. Code of Conduct

All participants and parents/guardians are expected to maintain a positive, respectful training environment. Coach Kellee reserves the right to dismiss any participant from a session or event without refund if conduct is disruptive, disrespectful, or unsafe.

8. Governing Law

This agreement is governed by the laws of the State of Nebraska. Any disputes shall be resolved in the courts of Buffalo County, Nebraska.

9. Electronic Acceptance & Entire Agreement

By registering, checking a box of acceptance, typing a name, or otherwise participating after this agreement is presented, you intend to sign this document electronically, and your electronic acceptance has the same legal force and effect as a handwritten signature under the federal E-SIGN Act and Nebraska's Uniform Electronic Transactions Act.

This waiver constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements. It is binding on the participant, the parent/guardian, and their heirs, successors, and assigns. If any provision is found to be unenforceable, the remaining provisions shall remain in full force.